Is a DUI a Felony in South Carolina?
Drinking and driving is a serious offense in South Carolina, and the consequences can be severe. If you are convicted of driving under the influence (DUI) in South Carolina, you could face fines, imprisonment, and a lifelong impact on your criminal record. But is a DUI a felony in South Carolina? Let’s dive into the details to find out.
Direct Answer: Is a DUI a Felony in South Carolina?
No, a DUI is not typically a felony in South Carolina. However, there are some exceptions.
Felony DUIs in South Carolina
According to South Carolina Code § 56-5-2930, a person can be charged with a felony DUI if they have three or more prior DUI convictions within the past 10 years. This is the only way a DUI can be upgraded to a felony in South Carolina.
Consequences of a Felony DUI in South Carolina
If you are convicted of a felony DUI in South Carolina, you could face the following consequences:
- Up to 10 years in prison: The prison sentence can be as short as 3 years or as long as 10 years, depending on the circumstances of the case and your criminal history.
- Fines: You could be required to pay fines ranging from $1,000 to $10,000.
- Lifelong criminal record: A felony conviction can have a lasting impact on your criminal record, making it harder to find a job, get a loan, or rent an apartment.
- Loss of driving privileges: You will likely have your driver’s license revoked for a minimum of 5 years, and possibly for life.
- Ignition Interlock: You may be required to install an ignition interlock device in any vehicle you own or operate.
Misdemeanor DUIs in South Carolina
If you have fewer than three prior DUI convictions, you will typically be charged with a misdemeanor DUI. The consequences of a misdemeanor DUI in South Carolina include:
- Up to 30 days in jail: You could be sentenced to a short period of imprisonment, depending on the circumstances of the case.
- Fines: You could be required to pay fines ranging from $400 to $1,000.
- Community service: You may be required to complete community service hours as part of your sentence.
- Licensing suspension: Your driver’s license will be suspended for a period of time, typically ranging from 30 days to 3 years.
- Insurance increases: Your car insurance rates may increase significantly after a DUI conviction.
Table: Comparison of Misdemeanor and Felony DUI Consequences
| Misdemeanor DUI | Felony DUI | |
|---|---|---|
| Prison Sentence | Up to 30 days | Up to 10 years |
| Fines | $400-$1,000 | $1,000-$10,000 |
| Licensing Suspension | 30 days-3 years | Revocation for 5 years or life |
| Community Service | Yes | No |
| Insurance Increases | Yes | Yes |
What Happens if I Refuse a Breathalyzer Test?
If you refuse a breathalyzer test in South Carolina, you could face additional consequences, including:
- An automatic 1-year suspension of your driver’s license: Refusing a breathalyzer test is considered an implied consent violation, which can result in an automatic suspension of your driver’s license for 1 year.
- Enhanced penalties for a subsequent DUI conviction: If you refuse a breathalyzer test and are later convicted of a DUI, you could face enhanced penalties, including longer prison sentences and higher fines.
Conclusion
While a DUI is not typically a felony in South Carolina, it’s essential to understand the consequences of a DUI conviction, including fines, imprisonment, and the potential for a lifelong criminal record. If you’ve been arrested for a DUI in South Carolina, it’s crucial to seek legal representation to protect your rights and minimize the consequences.
